Physician-assisted death amendment surprises opponents

Apr. 11, 2012

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MONTPELIER — The Senate Health and Welfare Committee was finishing up a bill barring youths from using tanning beds Tuesday morning when the panel took a surprise detour.

With barely a word said about it, the panel voted 3-2 to attach a physician-assisted death bill to the tanning bed bill, a maneuver that sets up a possible Senate floor vote on the controversial end-of-life issue that had failed to make it out of another committee.

“Many of us feel now is the time to get it to the floor,” said Sen. Hinda Miller, D-Chittenden, who offered the amendment.

What happens next is unclear, as the amendment will likely be challenged on the Senate floor as being unrelated to the tanning bill. If it is declared nongermane, that, in turn, could be challenged.

If the Senate ends up voting on legalizing physician-assisted death for the terminally ill, those on both sides of the issue say it would be a close vote.

Last month, the Senate Judiciary Committee took testimony on the issue, then declined to move the bill for lack of support in that committee. In 2007, the House voted 82-63 against a bill legalizing physician-assisted death.

Opponents cried foul over Tuesday’s sudden committee vote, arguing that the panel had taken no testimony on the complicated issue.

“This would be totally inconsistent with the position of the committee,” said Sen. Kevin Mullin, R-Rutland, according to a recording of the committee hearing. Mullin said the committee has otherwise avoided voting on issues on which it had not heard testimony, including malpractice reform.

Mullin was joined by Senate President Pro Tempore John Campbell, D-Windsor, in voting against the amendment. Campbell is a temporary member of the committee, specially appointed while Sen. Sally Fox, D-Chittenden, is out sick.

Campbell wasn’t in the room when the amendment was brought up, but had been alerted to the vote and ducked in afterward. “My vote’s no,” he said and left again.

Committee Chairwoman Claire Ayer, D-Addison, said lawmakers have discussed the issue for 10 years. “I’d like to see it come up for a vote,” she said.

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“We appreciate our Senate supporters’ willingness to help bring the bill to the Senate for a vote,” said Dick Walters of Shelburne, president of Patient Choices Vermont, which has been advocating for the measure for years as a means of sparing people from intense suffering in their finals days.

The tanning bill could hit the Senate floor Thursday, but Campbell said a backlog of bills likely means it would be put off until next week. When it does come up, it would be up to Lt. Gov. Phil Scott to rule whether the amendment is germane.

Scott said Tuesday, “I don’t quite see that that’s germane to the bill.” Scott said he is against physician-assisted death.

Supporters of physician-assisted death could try to vote either to override Scott’s decision by a majority vote or to declare a nongermane item germane by a three-quarters’ majority vote, Senate Secretary John Bloomer said. Overriding the presiding officer’s decision is usually reserved for when senators truly think the decision is incorrect, he said, whereas making a nongermane item germane is the route taken when one doesn’t like the decision.

Senate Judiciary Committee Chairman Richard Sears, D-Bennington, who blocked the issue from moving out of his committee, said he will fight the amendment on the Senate floor based on the unorthodox procedure.

“I feel like the process has broken down here,” Sears said. “There’s bills in other people’s committees I’d like to vote on.”

Campbell, who as Senate leader typically has considerable control over what legislation reaches the floor, said he didn’t take Tuesday’s move personally even though Miller is his assistant majority leader. Physician-assisted death is an emotional issue that transcends political parties, he said.

Campbell said he continues to have concerns about legal issues surrounding physician-assisted death. The amendment would allow those with a terminal diagnosis and six months or less to live to seek a prescription for a lethal dose of medication to be self-administered. Campbell said he sees issues with determining when a person has six months to live, among other concerns.